State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 6000-6009.5

BUSINESS AND PROFESSIONS CODE
SECTION 6000-6009.5



6000.  This chapter of the Business and Professions Code constitutes
the chapter on attorneys. It may be cited as the State Bar Act.



6001.  The State Bar of California is a public corporation. It is
hereinafter designated as the State Bar.
   The State Bar has perpetual succession and a seal and it may sue
and be sued. It may, for the purpose of carrying into effect and
promoting its objectives:
   (a) Make contracts.
   (b) Borrow money, contract debts, issue bonds, notes and
debentures and secure the payment or performance of its obligations.
   (c) Own, hold, use, manage and deal in and with real and personal
property.
   (d) Construct, alter, maintain and repair buildings and other
improvements to real property.
   (e) Purchase, lease, obtain options upon, acquire by gift,
bequest, devise or otherwise, any real or personal property or any
interest therein.
   (f) Sell, lease, exchange, convey, transfer, assign, encumber,
pledge, dispose of any of its real or personal property or any
interest therein, including without limitation all or any portion of
its income or revenues from membership fees paid or payable by
members.
   (g) Do all other acts incidental to the foregoing or necessary or
expedient for the administration of its affairs and the attainment of
its purposes.
   Pursuant to those powers enumerated in subdivisions (a) to (g),
inclusive, it is recognized that the State Bar has authority to raise
revenue in addition to that provided for in Section 6140 and other
statutory provisions. The State Bar is empowered to raise that
additional revenue by any lawful means, including, but not limited
to, the creation of foundations or not-for-profit corporations.
   The State Bar shall conspicuously publicize to its members in the
annual dues statement and other appropriate communications, including
its Web site and electronic communications, that its members have
the right to limit the sale or disclosure of member information not
reasonably related to regulatory purposes. In those communications
the State Bar shall note the location of the State Bar's privacy
policy, and shall also note the simple procedure by which a member
may exercise his or her right to prohibit or restrict, at the member'
s option, the sale or disclosure of member information not reasonably
related to regulatory purposes. On or before May 1, 2005, the State
Bar shall report to the Assembly and Senate Committees on Judiciary
regarding the procedures that it has in place to ensure that members
can appropriately limit the use of their member information not
reasonably related to regulatory purposes, and the number of members
choosing to utilize these procedures.
   No law of this state restricting, or prescribing a mode of
procedure for the exercise of powers of state public bodies or state
agencies, or classes thereof, including, but not by way of
limitation, the provisions contained in Division 3 (commencing with
Section 11000), Division 4 (commencing with Section 16100), and Part
1 (commencing with Section 18000) and Part 2 (commencing with Section
18500) of Division 5, of Title 2 of the Government Code, shall be
applicable to the State Bar, unless the Legislature expressly so
declares.


6001.2.  (a) On or before February 1, 2011, there shall be created
within the State Bar a Governance in the Public Interest Task Force
comprised of 11 members appointed by the President of the State Bar,
seven of whom shall be attorney members of the board and three of
whom shall be public members of the board. The president shall also
be a member of the task force and shall preside over its meetings,
all of which shall be held consistent with Section 6026.5.
   (b) On or before May 15, 2011, and every three years thereafter,
the task force shall prepare and submit a report to the Supreme
Court, the Governor, and the Assembly and Senate Committees on
Judiciary that includes its recommendations for enhancing the
protection of the public and ensuring that protection of the public
is the highest priority in the licensing, regulation, and discipline
of attorneys, to be reviewed by the Assembly and Senate Committees on
Judiciary in their regular consideration of the annual State Bar
dues measure. If the task force does not reach a consensus on all of
the recommendations in its report, the dissenting members of the task
force may prepare and submit a dissenting report to the same
entities described in this subdivision, to be reviewed by the
committees in the same manner.



6001.4.  Commencing on or before February 1, 2011, the State Bar
shall make available, upon request of a member of the public, the
classification and total annual compensation paid to each of its
employees by name, as well as any and all rules, policies, and
agreements pertaining to the compensation and benefits of any
employees of the State Bar.



6002.  The members of the State Bar are all persons admitted and
licensed to practice law in this State except justices and judges of
courts of record during their continuance in office.



6002.1.  (a) A member of the State Bar shall maintain all of the
following on the official membership records of the State Bar:
   (1) The member's current office address and telephone number or,
if no office is maintained, the address to be used for State Bar
purposes or purposes of the agency charged with attorney discipline.
   (2) All specialties in which the member is certified.
   (3) Any other jurisdictions in which the member is admitted and
the dates of his or her admission.
   (4) The jurisdiction, and the nature and date of any discipline
imposed by another jurisdiction, including the terms and conditions
of any probation imposed, and, if suspended or disbarred in another
jurisdiction, the date of any reinstatement in that jurisdiction.
   (5)  Any other information as may be required by agreement with or
by conditions of probation imposed by the agency charged with
attorney discipline.
   A member shall notify the membership records office of the State
Bar of any change in the information required by paragraphs (1), (4),
and (5) within 30 days of any change and of the change in the
information required by paragraphs (2) and (3) on or before the first
day of February of each year.
   (b) Every former member of the State Bar who has been ordered by
the Supreme Court to comply with Rule 9.20 of the California Rules of
Court shall maintain on the official membership records of the State
Bar the former member's current address and within 10 days after any
change therein, shall file a change of address with a membership
records office of the State Bar until such time as the former member
is no longer subject to the order.
   (c) The notice initiating a proceeding conducted under this
chapter may be served upon the member or former member of the State
Bar to whom it is directed by certified mail, return receipt
requested, addressed to the member or former member at the latest
address shown on the official membership records of the State Bar.
The service is complete at the time of the mailing but any prescribed
period of notice and any right or duty to do any act or make any
response within any prescribed period or on a date certain after the
notice is served by mail shall be extended five days if the place of
address is within the State of California, 10 days if the place of
address is outside the State of California but within the United
States, and 20 days if the place of address is outside the United
States. A member of the State Bar or former member may waive the
requirements of this subdivision and may, with the written consent of
another member of the State Bar, designate that other member to
receive service of any notice or papers in any proceeding conducted
under this chapter.
   (d) The State Bar shall not make available to the general public
the information specified in paragraph (5) of subdivision (a) unless
that information is required to be made available by a condition of
probation. That information is, however, available to the State Bar,
the Supreme Court, or the agency charged with attorney discipline.
   (e) The State Bar may develop a prescribed form for the making of
reports required by this section, usage of which it may require by
rule or regulation.



6003.  Members of the State Bar are divided into two classes:
   (a) Active members.
   (b) Inactive members.



6004.  Every member of the State Bar is an active member until as in
Section 6007 of this code provided or at his request, he is enrolled
as an inactive member.



6005.  Inactive members are those members who have requested that
they be enrolled as inactive members or who have been enrolled as
inactive members by action of the board of governors as in Section
6007 of this code provided.


6006.  Active members who retire from practice shall be enrolled as
inactive members at their request.
   Inactive members are not entitled to hold office or vote or
practice law. Those who are enrolled as inactive members at their
request may, on application and payment of all fees required, become
active members. Those who are or have been enrolled as inactive
members at their request are members of the State Bar for purposes of
Section 15 of Article VI of the California Constitution. Those who
are enrolled as inactive members pursuant to Section 6007 may become
active members as provided in that section.
   Inactive members have such other privileges, not inconsistent with
this chapter, as the board of governors provides.



6007.  (a) When a member requires involuntary treatment pursuant to
Article 6 (commencing with Section 5300) of Chapter 2 of Division 5
of, or Part 2 (commencing with Section 6250) of Division 6 of the
Welfare and Institutions Code, or when under an order pursuant to
Section 3051, 3106.5, or 3152 of the Welfare and Institutions Code he
or she has been placed in or returned to inpatient status at the
California Rehabilitation Center or its branches, or when he or she
has been determined insane or mentally incompetent and is confined
for treatment or placed on outpatient status pursuant to the Penal
Code, or on account of his or her mental condition a guardian or
conservator, for his or her estate or person or both, has been
appointed, the Board of Governors or an officer of the State Bar
shall enroll the member as an inactive member.
   The clerk of any court making an order containing any of the
determinations or adjudications referred to in the immediately
preceding paragraph shall send a certified copy of that order to the
State Bar at the same time that the order is entered.
   The clerk of any court with which is filed a notice of
certification for intensive treatment pursuant to Article 4
(commencing with Section 5250) of Chapter 2 of Division 5 of the
Welfare and Institutions Code, upon receipt of the notice, shall
transmit a certified copy of it to the State Bar.
   The State Bar may procure a certified copy of any determination,
order, adjudication, appointment, or notice when the clerk concerned
has failed to transmit one or when the proceeding was had in a court
other than a court of this state.
   In the case of an enrollment pursuant to this subdivision, the
State Bar shall terminate the enrollment when the member has had the
fact of his or her restoration to capacity judicially determined,
upon the member's release from inpatient status at the California
Rehabilitation Center or its branches pursuant to Section 3053, 3109,
or 3151 of the Welfare and Institutions Code, or upon the member's
unconditional release from the medical facility pursuant to Section
5304 or 5305 of the Welfare and Institutions Code; and on payment of
all fees required.
   When a member is placed in, returned to, or released from
inpatient status at the California Rehabilitation Center or its
branches, or discharged from the narcotics treatment program, the
Director of Corrections or his or her designee shall transmit to the
State Bar a certified notice attesting to that fact.
   (b) The board shall also enroll a member of the State Bar as an
inactive member in each of the following cases:
   (1) A member asserts a claim of insanity or mental incompetence in
any pending action or proceeding, alleging his or her inability to
understand the nature of the action or proceeding or inability to
assist counsel in representation of the member.
   (2) The court makes an order assuming jurisdiction over the member'
s law practice, pursuant to Section 6180.5 or 6190.3.
   (3) After notice and opportunity to be heard before the board or a
committee, the board finds that the member, because of mental
infirmity or illness, or because of the habitual use of intoxicants
or drugs, is (i) unable or habitually fails to perform his or her
duties or undertakings competently, or (ii) unable to practice law
without substantial threat of harm to the interests of his or her
clients or the public. No proceeding pursuant to this paragraph shall
be instituted unless the board or a committee finds, after
preliminary investigation, or during the course of a disciplinary
proceeding, that probable cause exists therefor. The determination of
probable cause is administrative in character and no notice or
hearing is required.
   In the case of an enrollment pursuant to this subdivision, the
board shall terminate the enrollment upon proof that the facts found
as to the member's disability no longer exist and on payment of all
fees required.
   (c) (1) The board may order the involuntary inactive enrollment of
an attorney upon a finding that the attorney's conduct poses a
substantial threat of harm to the interests of the attorney's clients
or to the public or upon a finding based on all the available
evidence, including affidavits, that the attorney has not complied
with Section 6002.1 and cannot be located after reasonable
investigation.
   (2) In order to find that the attorney's conduct poses a
substantial threat of harm to the interests of the attorney's clients
or the public pursuant to this subdivision, each of the following
factors shall be found, based on all the available evidence,
including affidavits:
   (A) The attorney has caused or is causing substantial harm to the
attorney's clients or the public.
   (B) The attorney's clients or the public are likely to suffer
greater injury from the denial of the involuntary inactive enrollment
than the attorney is likely to suffer if it is granted, or there is
a reasonable likelihood that the harm will reoccur or continue. Where
the evidence establishes a pattern of behavior, including acts
likely to cause substantial harm, the burden of proof shall shift to
the attorney to show that there is no reasonable likelihood that the
harm will reoccur or continue.
   (C) There is a reasonable probability that the State Bar will
prevail on the merits of the underlying disciplinary matter.
   (3) In the case of an enrollment under this subdivision, the
underlying matter shall proceed on an expedited basis.
   (4) The board shall order the involuntary inactive enrollment of
an attorney upon the filing of a recommendation of disbarment after
hearing or default. For purposes of this section, that attorney shall
be placed on involuntary inactive enrollment regardless of the
membership status of the attorney at the time.
   (5) The board shall formulate and adopt rules of procedure to
implement this subdivision.
   In the case of an enrollment pursuant to this subdivision, the
board shall terminate the involuntary inactive enrollment upon proof
that the attorney's conduct no longer poses a substantial threat of
harm to the interests of the attorney's clients or the public or
where an attorney who could not be located proves compliance with
Section 6002.1.
   (d) (1) The board may order the involuntary inactive enrollment of
an attorney for violation of probation upon the occurrence of all of
the following:
   (A) The attorney is under a suspension order any portion of which
has been stayed during a period of probation.
   (B) The board finds that probation has been violated.
   (C) The board recommends to the court that the attorney receive an
actual suspension on account of the probation violation or other
disciplinary matter.
   (2) The board shall terminate an enrollment under this subdivision
upon expiration of a period equal to the period of stayed suspension
in the probation matter, or until the court makes an order regarding
the recommended actual suspension in the probation matter, whichever
occurs first.
   (3) If the court orders a period of actual suspension in the
probation matter, any period of involuntary inactive enrollment
pursuant to this subdivision shall be credited against the period of
actual suspension ordered.
   (e) (1) The board shall order the involuntary, inactive enrollment
of a member whose default has been entered pursuant to the State Bar
Rules of Procedure if both of the following conditions are met:
   (A) The notice was duly served pursuant to subdivision (c) of
Section 6002.1.
   (B) The notice contained the following language at or near the
beginning of the notice, in capital letters:
   IF YOU FAIL TO FILE AN ANSWER TO THIS NOTICE WITHIN THE TIME
ALLOWED BY STATE BAR RULES, INCLUDING EXTENSIONS, OR IF YOU FAIL TO
APPEAR AT THE STATE BAR COURT TRIAL, (1) YOUR DEFAULT SHALL BE
ENTERED, (2) YOU SHALL BE ENROLLED AS AN INVOLUNTARY INACTIVE MEMBER
OF THE STATE BAR AND WILL NOT BE PERMITTED TO PRACTICE LAW UNLESS THE
DEFAULT IS SET ASIDE ON MOTION TIMELY MADE UNDER THE RULES OF
PROCEDURE OF THE STATE BAR, (3) YOU SHALL NOT BE PERMITTED TO
PARTICIPATE FURTHER IN THESE PROCEEDINGS UNLESS YOUR DEFAULT IS SET
ASIDE, AND (4) YOU SHALL BE SUBJECT TO ADDITIONAL DISCIPLINE.
   (2) The board shall terminate the involuntary inactive enrollment
of a member under this subdivision when the member's default is set
aside on motion timely made under the State Bar Rules of Procedure or
the disciplinary proceedings are completed.
   (3) The enrollment under this subdivision is administrative in
character and no hearing is required.
   (4) Upon the involuntary inactive enrollment of a member under
this subdivision, the notice required by subdivision (b) of Section
6092.5 shall be promptly given.
   (5) The board may delegate its authority under this subdivision to
the presiding referee or presiding judge of the State Bar Court or
his or her designee.
   (f) The pendency or determination of a proceeding or investigation
provided for by this section shall not abate or terminate a
disciplinary investigation or proceeding except as required by the
facts and law in a particular case.
   (g) No membership fees shall accrue against the member during the
period he or she is enrolled as an inactive member pursuant to this
section.
   (h) The board may order a full range of interim remedies or final
discipline short of involuntary inactive enrollment, including, but
not limited to, conditions of probation following final discipline,
or directly ordered interim remedies, to restrict or supervise an
attorney's practice of law, as well as proceedings under subdivision
(a), (b), (c), or (d), or under Section 6102 or 6190. They may
include restrictions as to scope of practice, monetary accounting
procedures, review of performance by probation or other monitors
appointed by the board, or such other measures as may be determined,
after hearing, to protect present and future clients from likely
substantial harm. These restrictions may be imposed upon a showing as
provided in subdivision (c), except that where license restriction
is proposed, the showing required of the State Bar under the factors
described in subparagraph (B) of paragraph (2) of subdivision (c)
need not be made.



6008.  All property of the State Bar is hereby declared to be held
for essential public and governmental purposes in the judicial branch
of the government and such property is exempt from all taxes of the
State or any city, city and county, district, public corporation, or
other political subdivision, public body or public agency.




6008.1.  No bond, note, debenture, evidence of indebtedness,
mortgage, deed of trust, assignment, pledge, contract, lease,
agreement or other contractual obligation of the State Bar shall:
   (a) Create a debt or other liability of the State nor of any
entity other than the State Bar (or any successor public
corporation).
   (b) Create any personal liability on the part of the members of
the State Bar or the members of the board of governors or any person
executing the same, by reason of the issuance or execution thereof.
   (c) Be required to be approved or authorized under the provisions
of any other law or regulation of this State.




6008.2.  Bonds, notes, debentures and other evidences of
indebtedness of the State Bar are hereby declared to be issued for
essential public and governmental purposes in the judicial branch of
the government and, together with interest thereon and income
therefrom, shall be exempt from taxes.



6008.3.  The State Bar may vest in any obligee or trustee the right,
in the event of default upon any obligation of the State Bar, to
take possession of property of the State Bar, cause the appointment
of a receiver for such property, acquire title thereto through
foreclosure proceedings, and excercise such other rights and remedies
as may be mutually agreed upon between the State Bar and the holder
or proposed holder of any such obligation.



6008.4.  All powers granted to the State Bar by Sections 6001 and
6008.3 may be exercised and carried out by action of its board of
governors. In any resolution, indenture, contract, agreement, or
other instrument providing for, creating, or otherwise relating to,
any obligation of the State Bar, the board may make, fix, and provide
such terms, conditions, covenants, restrictions, and other
provisions as the board deems necessary or desirable to facilitiate
the creation, issuance, or sale of such obligation or to provide for
the payment or security of such obligation and any interest thereon,
including, but not limited to, covenants and agreements relating to
fixing and maintaining membership fees.



6008.5.  Whenever the board has pledged, placed a charge upon, or
otherwise made available all or any portion of the income or revenue
from membership fees for the payment of security of an obligation of
the State Bar or any interest thereon, and so long as any such
obligation or any interest thereon remains unpaid, the Legislature
shall not reduce the maximum membership fee below the maximum in
effect at the time such obligation is created or incurred, and the
provisions of this section shall constitute a covenant to the holder
or holders of any such obligation.



6008.6.  The State Bar shall award no contract for goods, services,
or both, for an aggregate amount in excess of fifty thousand dollars
($50,000), or for information technology goods, services, or both,
for an aggregate amount in excess of one hundred thousand dollars
($100,000), except pursuant to the standards established in Article 4
(commencing with Section 10335) of Chapter 2 of Part 2 of Division 2
of the Public Contract Code. The State Bar shall establish a request
for proposal procedure by rule, pursuant to the general standards
established in Article 4 (commencing with Section 10335) of Chapter 2
of Part 2 of Division 2 of the Public Contract Code. For the
purposes of this section, "information technology" includes, but is
not limited to, all electronic technology systems and services,
automated information handling, system design and analysis,
conversion voice, video, and data communications, network systems,
requisite facilities, equipment, system controls, stimulation,
electronic commerce, and all related interactions between people and
machines.



6009.  (a) Notwithstanding any other provision of law, a city,
county, or city and county may require attorneys who qualify as
lobbyists, as defined by the local jurisdiction, to register and
disclose their lobbying activities directed toward the local agencies
of those jurisdictions, in the same manner and to the same extent
such registration and disclosure is required of nonattorney
lobbyists. Any prohibitions against specified activities by lobbyists
enacted by a city, county, or city and county shall also apply to
attorneys who qualify as lobbyists.
   (b) For purposes of this section, information about a lobbyist
that may be required to be disclosed is:
   (1) The name, business address, and telephone number of the
lobbyist, of any lobbying firm of which the lobbyist is a partner,
owner, officer, or employee; and of any persons or lobbying firms
paid to lobby by the lobbyist.
   (2) The name, business address, and business telephone number of
each client who pays the lobbyist to lobby; the specific matter and
agency lobbied, itemized by client; and the amount of money paid to
the lobbyist for lobbying and the total expenses of the lobbyist for
lobbying, itemized by client.
   (3) All gifts or payments made by the lobbyist to officials in the
jurisdiction, itemized by the name of the official, the amount,
date, and description of the gift or payment, and the names of the
person making the gift or payment and the person receiving the gift
or payment.
   (4) All campaign contributions made, arranged, or delivered by the
lobbyist to officials in the jurisdiction, specified by amount,
date, and name of the official receiving the contribution.



6009.3.  The Legislature finds and declares that it is important to
inform taxpayers that they may make voluntary contributions to
certain funds or programs, as provided on the state income tax
return. The Legislature further finds and declares that many
taxpayers remain unaware of the voluntary contribution check-offs on
the state income tax return. Therefore, it is the intent of the
Legislature to encourage all persons who prepare state income tax
returns, including attorneys, to inform their clients in writing,
prior to the completion of any state income tax return, that they may
make a contribution to any voluntary contribution check-off on the
state income tax return if they so choose.



6009.5.  The State Bar shall adopt procedures to facilitate
reporting of mandatory and voluntary information by providing members
with a centralized mechanism for reporting information online at the
State Bar Internet Web site, including, but not limited to, data
required to be provided pursuant to the State Bar Act, or by other
statutes, rules, and case law, and demographic information. Any
demographic data collected shall be used only for general purposes
and shall not be identified to any individual member or his or her
State Bar record.